Catastrophic Injury Attorney
Some injuries change everything. A traumatic brain injury, a spinal cord injury, an amputation, severe burns — these are not injuries you recover from in a few weeks. They reshape your life, your work, your relationships, and your future. The legal claim that follows must reflect that reality.
Eric A. Hernandez is a Coral Springs catastrophic injury attorney with more than 25 years of trial experience. Before private practice, he served as an Assistant U.S. Attorney for the Southern District of Florida and clerked for Chief Justice Charles T. Wells of the Florida Supreme Court. He has handled complex litigation at the highest levels, and he applies that same rigor to catastrophic injury cases.
If you or a family member suffered a life-altering injury, call HLM Injury Lawyers at (305) 842-2100 or contact us online for a free consultation. You pay nothing unless we win.
Common Causes of Catastrophic Injuries in Florida
Catastrophic injuries result from many types of accidents, but they share a severity that causes permanent damage and long-term consequences. Common causes include:
- Motor vehicle accidents: High-speed crashes — especially those involving trucks, motorcycles, or pedestrians — are a leading cause of traumatic brain injury (TBI), spinal cord damage, and amputations in Florida.
- Workplace accidents: Construction sites and industrial facilities expose workers to falls, machinery accidents, and chemical exposures that cause severe, permanent injury.
- Slip and fall accidents: Falls from heights — scaffolding, ladders, or balconies — can cause TBI, spinal injuries, and disabling fractures.
- Medical negligence: Surgical errors, birth injuries, anesthesia mistakes, and medication errors can cause permanent brain damage, paralysis, or other catastrophic outcomes.
- Defective products: Faulty machinery, defective safety equipment, and dangerous consumer products can cause severe burns, amputations, and life-changing injuries.
- Boating and water accidents: Drownings, propeller strikes, and high-speed collisions on South Florida waterways frequently result in catastrophic injury or death.
- Negligent security: Assaults on poorly secured premises can cause severe injuries for which property owners may bear responsibility.
- Sports and recreational accidents: Inadequate supervision, defective equipment, or unsafe facilities can lead to permanent impairment.
Types of Catastrophic Injuries
The law does not define “catastrophic injury” with a single rule, but the term generally refers to injuries that cause permanent impairment, require long-term care, or prevent a return to a prior way of life. Common types include:
- Traumatic brain injury (TBI): Ranging from concussion to severe brain damage, a TBI can affect memory, cognition, personality, motor function, and the ability to work or live independently.
- Spinal cord injuries: Damage to the spinal cord can cause partial or complete paralysis — paraplegia or quadriplegia — requiring lifelong care and adaptive equipment.
- Amputations: Loss of a limb permanently affects mobility and quality of life, often requiring prosthetics and extensive rehabilitation.
- Severe burns: Third- and fourth-degree burns cause permanent scarring, disfigurement, and chronic pain, with treatment often spanning years.
- Permanent vision or hearing loss: Trauma to the eyes or head can cause blindness or deafness that cannot be reversed.
- Organ damage: Severe internal injuries can cause loss of organ function requiring ongoing treatment.
- Crush injuries: Extreme compression of a body part damages bone, muscle, nerve, and vascular tissue — often permanently.
- Permanent disability: Any injury that leaves a person unable to care for themselves or return to gainful employment is a catastrophic loss, financially and personally.
What to Do After a Catastrophic Injury in Florida
Step 1 — Get emergency medical care immediately. Catastrophic injuries require prompt, expert attention — do not delay.
Step 2 — Document everything. Keep records of all medical treatment, diagnoses, prescriptions, and expenses from day one.
Step 3 — Preserve evidence of how the injury happened. Photographs, incident reports, witness names, and available video are critical to establishing liability.
Step 4 — Do not give recorded statements. Adjusters may contact you or family members quickly after a serious injury. Do not give any recorded statement without first consulting an attorney.
Step 5 — Consult a catastrophic injury attorney early. The sooner an attorney is involved, the better positioned your team is to investigate the scene, gather evidence, and retain the right experts.
Step 6 — Identify all sources of recovery. Catastrophic cases often involve multiple parties — employers, manufacturers, property owners, and insurers. An attorney can identify every avenue for compensation.
Step 7 — Begin planning for long-term needs. Work with your medical team and attorney to document future care requirements — essential to recovering full and fair compensation.
Florida Law and Catastrophic Injury Claims
Catastrophic injury claims are governed by Florida’s negligence law. To recover, you must show that another party’s failure to use reasonable care caused your injury.
Florida’s modified comparative negligence rule applies. Your damages are reduced by your percentage of fault, and if you are found 51 percent or more at fault, you cannot recover at all — though a plaintiff who is exactly 50 percent at fault can still recover. Insurers will use every argument available to increase your share of fault, which is why strong representation matters.
What sets catastrophic cases apart is the scope of damages. Unlike a standard injury claim, a catastrophic case requires calculating not just current medical bills and lost wages, but future medical expenses, lost earning capacity, long-term rehabilitation costs, in-home care, and pain and suffering that may last a lifetime.
Expert witnesses are often central. Life care planners, vocational rehabilitation experts, and economists help present the full picture of a victim’s losses to a jury or insurer.
Florida’s 2-Year Deadline — Do Not Wait
Under Florida’s 2023 tort reform law (HB 837), most negligence claims — including catastrophic injury claims — must be filed within 2 years of the accident, down from the prior 4-year period. These cases require extensive investigation, expert retention, and medical documentation, so starting early gives your legal team the best opportunity to build the strongest case.
If a loved one was killed, the wrongful death deadline is also 2 years.
Call HLM Injury Lawyers at (305) 842-2100 now. Do not let the deadline close on a case of this magnitude.
Why Hire Eric Hernandez for Your Catastrophic Injury Case
- Former federal prosecutor. Eric served as an Assistant U.S. Attorney for the Southern District of Florida — he knows how to handle complex litigation against well-funded opponents and is prepared to take cases to trial.
- Judicial clerkship at the Florida Supreme Court. Eric clerked for Chief Justice Charles T. Wells, giving him a deep understanding of how courts evaluate evidence in serious cases.
- 25+ years of trial experience. Decades in the courtroom mean Eric is not intimidated by powerful defense attorneys or large corporations.
- Admitted to the U.S. Supreme Court Bar.
- Bilingual — English and Spanish. Eric communicates directly with clients in both languages.
Frequently Asked Questions
What qualifies as a catastrophic injury?
Catastrophic injuries are generally those that cause permanent impairment, prevent a return to work, or require long-term medical care — including TBI, spinal cord damage, amputations, severe burns, and permanent disability. Eric can review the specifics of your situation during a free consultation.
How are future damages calculated in a catastrophic injury case?
Life care planners document the medical and personal care a victim will need over a lifetime. Vocational rehabilitation experts assess the impact on earning capacity. Economists calculate the present value of those future losses. Together, these calculations form the foundation of a full and fair compensation demand.
What is loss of earning capacity?
Loss of earning capacity is compensation for the income you would have earned over your working life but can no longer earn because of your injury. It looks at your long-term future and requires expert analysis — separate from the wages lost while you recovered.
Do I need expert witnesses for a catastrophic injury case?
In most cases, yes. Testimony from medical professionals, life care planners, vocational experts, and economists is typically necessary to explain the full extent of your losses. Eric knows which experts a case needs and how to work with them.
How long do catastrophic injury cases take?
These cases are more complex than standard injury claims and often take one to three years or more. Starting early gives your case the strongest foundation.
What if I cannot work again because of my injury?
Permanent loss of earning capacity is a major component of a catastrophic injury claim. If your injury prevents you from returning to work — or forces you into lower-paying work — an attorney can document and present that loss fully.
Contact HLM Injury Lawyers — Free Consultation
Catastrophic injuries demand more than a standard personal injury attorney. They require someone who understands complex litigation, knows how to work with experts, and has the experience to fight for full compensation — not just a quick settlement.
Eric A. Hernandez and HLM Injury Lawyers are ready to stand with you. We serve Coral Springs, Parkland, Coconut Creek, Margate, Tamarac, Pompano Beach, and throughout Broward County and South Florida.
Call (305) 842-2100 or visit us at 3301 N. University Dr., Suite 100, Coral Springs, FL 33065. Your consultation is free. You pay nothing unless we win.